Senator. David Mark

The Plateau Division of the Court of Appeal and the Osun State Election Petition Tribunal are set to deliver what has been described as the mother of all ruling in the cases involving the election of Senate President, David Bonaventure Mark and Governor Olagunsoye Oyinlola of Osun State.

Today’s ruling incidentally involves former military men who served two different military dictators. While Senator Mark served under General Ibrahim Babangida as Communication Minister, Oyinlola served Late General Sani Abacha as a Military Administrator for Lagos State

The Court of Appeal is the final panel to determine who was lawfully elected into the Senate in the election held on April 21, 2007.

In Osun State, the Justice Thomas Naron headed election petition tribunal would also determine the actual winner of Osun State governorship election in spite of the declaration by the Independent National Electoral Commission (INEC) after the last April 14 polls.

Governor Oyinlola

Justice Naron is currently enmeshed in an SMS messages scandal between him and Lawyers representing Governor Oyinlola. It is believed that the SMS messages between the Judge and the Governor’s lawyers are enough evidence to question today’s ruling if it goes in favor of the Governor Oyinlola.

At the lower election petition tribunal in Makurdi, Benue State, the tribunal had in a petition filed by the All Nigeria Peoples Party (ANPP) candidate, Alhaji Usman Abubakar, nullified the election in Agatu and Okopkwu, two of the nine local government areas in Benue South.

Senator David Mark, declared winner by INEC, had asked the Appeal Court to set aside the entire judgment of the tribunal by disregarding the cancellation of results in two local government areas.

Abubakar, however, in his cross appeal, asked the court to declare him winner, since the tribunal, after nullifying the election of the two local governments areas, had left him with the highest number of votes in the remaining seven local government areas.

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However, INEC is asking the court to uphold the election of Mark since the returning officer who announced the cancellation of results in the local government areas acted in error and without proper advice and authorization.

Meanwhile, the Osun State tribunal, one of the longest sitting tribunals, would give its verdict tomorrow.

The Action Congress candidate in the state, Mr. Rauf Aregbesola, had dragged his Peoples Democratic Party (PDP) opponent, Governor Olagunsoye Oyinlola, before the tribunal on the grounds that his election was flawed.

He alleged substantial non-compliance with the Electoral Act, violence, intimidation and snatching of ballot boxes in some parts of the state during the governorship poll.

After closing his case on May 15, 2008 in a trial spanning nine months, Aregbesola had filed a motion to reopen his case in order to tender some electoral result forms, but this was rejected by the tribunal and Oyinlola’s defence team.

There are strong indications that security would be beefed up especially within the Osogbo metropolis to forestall any outbreak of violence before, during and after the judgment.

The Osun tribunal was accused by the Action Congress of bias, particularly on its refusal to admit forensic evidence sought to be tendered because it was not provided for by the Evidence Act.

And barely a week to the judgment, Justice Thomas Naron, tribunal chairman, was alleged to have exchanged phone calls and text messages with Chief ‘Kunle Kalejaiye (SAN), counsel in Governor Oyinlola’s legal team.

A cloud of uncertainty pervades the political atmosphere in the state over the judgment with both sides trading accusations and counter-accusations.

The PDP in the state at a press conference on Sunday raised the alarm that Aregbesola was planning to unleash terror on the people of the state to distract the tribunal.

The Deputy State Chairman of the party, Mr. Ojo William, who raised the alarm, alleged that Mr. Aregbesola had recruited OPC men from Lagos to unleash terror on the state so as to prevent the tribunal from delivering its judgment.

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But the Action Congress (AC), in a swift reaction, faulted the allegation, saying that the party had already directed its members and counsel to stay away from the judgment because it has lost confidence in the tribunal.

Mr. William claimed that the PDP had uncovered plans by Aregbesola to unleash terror on the people of the state, having failed in his bid to confuse the unsuspecting public through allegedly false story that was published by The News magazine.

According to him, “a hit team of about 100 OPC men armed with assorted weapons led by one Akin Omopupa and coordinated by one Saka Ibadan, alias Sky, had been recruited and scheduled to arrive in the state on Monday. The contingent is to be ferried into Osun State in about 20 commuter buses while some buildings have been arranged to serve as hiding places for these hoodlums along Ring Road in Osogbo.

He stressed that Aregbesola and his “cohorts” had ever since not relented in exploring others means and methods to forestall the judgment of the tribunal because he was jittery about the results of the case.

Reacting to the allegations, the Director of Strategy and Publicity of Action Congress, Mr. Sunday Akere, denied the allegations, saying that it was the PDP that planned to exterminate some AC leaders in the state.

Akere, who said that the party know the antics of PDP, stated that it had directed its counsel and supporters to boycott what he called ‘wrapped judgment’ of the tribunal on Tuesday.

According to him, “I want to tell you that all the allegations are false because we have lost confidence in the tribunal and we have informed our counsel and supporters that they should not appear to listen to wrapped judgment on Tuesday. So what benefit are we going to gain at that?

“It is the PDP that targeted our leaders and supporters for attack and assassinate them ahead of Tuesday’s judgment.

Even yesterday (Saturday) hired assassins visited the residence of Alhaji Tijani Oladosu, A.K A Tilla, and one of our counsel, Wale Afolabi, purposely to assassinate them.”

 

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